Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Djibouti (Ratification: 1978)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Articles 1 and 2 of the Convention. Protection against acts of anti-union discrimination and interference. In its previous comments, the Committee noted the comments contained in the communications from the Labour Union of Djibouti (UDT), the General Union of Djibouti Workers (UGDT) and the International Trade Union Confederation (ITUC), received between 2005–07, which denounced dismissals, acts of discrimination and anti-union interference in the postal and other sectors. In this respect, the Committee had requested the Government to order without delay an independent inquiry into the alleged acts. It had noted that in its report of 2008, the Government had indicated that the matter had been the subject of in-depth discussions with the direct contacts mission visiting Djibouti in 2008, which had encouraged all the parties to bring an end to the disputes. The Government had further stated that it would provide information on developments in the situation. The Committee had also noted the comments of the ITUC, dated 26 August 2009, indicating that the ILO Mission to Djibouti had offered some hope of an opening, but that the commitments made on that occasion by the Government, including those relating to the reinstatement of workers and trade unionists who suffered abusive dismissal, have not been given effect. The ITUC also denounced the pressure exerted on the Postal Union, which had had to establish a new executive committee. However, the management had interrupted the check-off of workers’ trade union dues, thereby preventing the union from defending the rights of postal workers. The Committee notes with regret that the Government has not provided any information on the points raised for many years by the UDT, UGDT and ITUC. The Committee once again urges the Government to provide its observations in reply to the comments on the situation in the postal and other sectors and to specify any cases in which penalties established by the law have been imposed following violations of the rights set out in the Convention.

The Committee notes the comments of the ITUC, dated 31 August 2011, denouncing once again acts of anti-union discrimination and interference. The ITUC also denounces the fact that in October 2009, the preparatory work for the fourth UDT Congress was disrupted by the police who sent all the participants away and arrested a number of members of the UDT Executive, subjecting them to interrogation. Apart from these acts of interference, the ITUC also denounces the fact that the passport of the UDT Secretary-General has still not been returned after it was confiscated in December 2010, which prevents him from fulfilling his commitments of representation at regional and international levels; that the UDT headquarters has been broken into on numerous occasions; that its bank account was frozen and then cancelled; and that its letter box is still confiscated. The Committee notes that most of the facts reported in the ITUC’s communication are contained in a complaint being examined by the Committee on Freedom of Association (Case No. 2753).

The Committee notes with concern that the trade union situation seems to be deteriorating and firmly recalls the obligation under the Convention to guarantee workers adequate protection against acts of anti-union discrimination (Article 1 of the Convention) and to ensure adequate protection to workers’ and employers’ organizations against any acts of interference (Article 2). The Committee requests the Government to provide its observations in reply to the communication from the ITUC, and to take measures to ensure the trade union rights of the UDT and its officials.

Article 4. Promotion of collective bargaining. The Committee also once again requests the Government to provide a copy of the Decree envisaged under section 282 of the Labour Code, establishing the structure and procedures of the National Joint Committee on Collective Agreements and Wages, and any other relevant information on its work.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Finally, the Committee notes the ITUC’s comments dated 31 July 2012 which are dealt with in the observation concerning the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).